Passage of Amendment 64 gives way to questions about implementation, federal intervention

Election 2012

Steamboat Springs  The resounding approval of marijuana legalization by voters in Routt County and across Colorado on Tuesday quickly has shifted focus to the complicated issues that must be worked out by local, state and federal governments before the full intent of Amendment 64 can be realized.

In Steamboat Springs, for example, where 69 percent of voters supported Amendment 64, city leaders will be faced with the question of whether to allow retail marijuana shops. Steamboat Springs City Council President Bart Kounovsky acknowledged Wednesday that it will be difficult for local officials to ignore the will of their constituents. Amendment 64 allows local municipalities to prohibit retail businesses where marijuana could be sold to adults 21 and older.

“At first blush, it appears that we’ll be heading toward a regulated type (of) situation in the city, pending guidance from the state,” Kounovsky said.

Attention turned Wednesday to what that guidance would be. Early in the day, Colorado Attorney General John Suthers released a statement indicating that despite his personal opposition to Amendment 64, his office would help the state move toward implementing the provisions of the constitutional changes. He also reminded residents that marijuana remains illegal at the federal level and that potential tax revenues from the sale of marijuana earmarked by Amendment 64 for a state school construction fund first would have to be approved separately by the Legislature and then a vote of the people.

“The Department of Justice's enforcement of the Controlled Substances Act remains unchanged,” the release stated. “In enacting the Controlled Substances Act, Congress determined that marijuana is a Schedule I controlled substance. We are reviewing the ballot initiative and have no additional comment at this time.”

“I hope this is one of those instances where I’m proven wrong,” Wiggins said Wednesday.

However, he said his deputies would enforce state laws, including any changes set forth by Amendment 64.

“We have no jurisdiction in enforcing federal law,” Wiggins said.

Establishing the framework for businesses to sell marijuana to recreational users is expected take at least a year, but the personal liberties that come from the passage of Amendment 64 will begin as soon as Gov. John Hickenlooper makes Tuesday’s vote official. That verification should come before the end of the year. At that time, it will be legal for anyone 21 and older to possess as much as 1 ounce of marijuana and to grow as many as six plants. Of course, that will conflict with federal marijuana law, and those competing regulations are expected to figure greatly in the state’s issuance of licenses to future recreational pot shops by Jan. 1, 2014.

Hickenlooper is hoping to get clarity sooner rather than later. The Denver Post reported Wednesday that the governor was trying to set up a phone call for Thursday with U.S. Attorney General Eric Holder to discuss the federal government’s position on Amendment 64.

"My sense is that it is unlikely the federal government is going to allow states one by one to unilaterally decriminalize marijuana," Hickenlooper told the Post.

A city timeout?

Although the framework that would allow retail pot shops to operate across the state isn’t expected to be ready for at least a year, the Steamboat Springs City Council wants to make sure it has a chance to consider its own rules for dispensaries. The council will consider an emergency moratorium on recreational pot shops at its Tuesday meeting.

“The only reason we’re discussing a moratorium is so the city can take pause and decide how the city wants to handle the retail aspect of retail sales,” Kounovsky said.

Steamboat Springs Police Chief Joel Rae said the moratorium would have no effect on the legalization of possession of marijuana as outlined in Amendment 64.

Kevin Fisher, co-owner of the Steamboat-based Rocky Mountain Remedies medical marijuana dispensary, said Wednesday that the passage of Amendment 64 was significant for the country’s marijuana movement, but he’s concerned it will invite federal attention, potentially even resulting in businesses like his — which were permitted with the passage of Amendment 20 in 2000 — being shut down.

“Will the feds back down?” Fisher asked. “I’d love to see the feds back off. I’d love to see the feds change.”

Until that happens, Fisher said, he’s supportive of the moratorium the City Council will consider next week. If the federal government eases its stance on the state’s legalization, Fisher said, he would withdraw his support for the moratorium and take steps to open a retail shop of his own “if we are prematurely forced to go recreational because of market forces.”

Key points from Amendment 64

• The amendment will take effect once the vote is made official by the governor. That is expected in the next month or two.

• Driving under the influence of marijuana will remain illegal.

• People must be at least 21 years old to purchase or possess marijuana.

• People will be allowed to possess as much as 1 ounce of marijuana.

• Marijuana will be labeled and subject to additional regulations from the state to ensure that consumers are “informed and protected.”

• Consumption of marijuana in public is not allowed.

• People will be allowed to grow as many as six plants, three of which can be mature plants. No one will be allowed to sell marijuana without a license.

• People 21 or older won’t be allowed help people younger than 21 get marijuana.

• The state will regulate, among other things, security at shops and labeling and could impose restrictions on advertising.

• Colorado voters will decide later whether marijuana sales should be taxed.

• Local governments will be able to ban retail stores or limit the number of retail stores.

• Employers still will be able to enforce policies restricting the use of marijuana by employees.

Comments

Matt,
You missed the key legal part of the story. Colorado Legislature passed mmj dispensary laws as if reading Raich v Gonzales, the US Supreme Court decision on why the feds had jurisdiction via the commerce clause for a small time mmj grower. By tracking and regulating mmj from seedling to processing to sales to a state verified Colorado citizen, the feds busting a Colorado dispensary that was following state law would almost certainly result in another case likely to reach the US Supreme Court.

And if Colorado were to lose then still that decision would suggest how to next change Colorado Law in a way that highly regulated intrastate commerce is legally recognized as not being interstate commerce.

Thus, the likely reason that the feds have not been busting Colorado dispensaries is because they would rather keep the legal doubts than risk a Supreme Court decision saying how a state can opt out of federal jurisdiction.

So the interesting next step for Amendment 64 is whether the legislature will pass enabling rules that allows the feds to confidently bust any mj retail store, or will the legislature listen to legal scholars to craft regulations that will force the courts to answer constitutional questions before starting criminal prosecution.

It will be awhile before any of this is resolved..... Trying to turn this into a STates Right case will only muddy the waters and make it harder to resolve...this is a congressional matter... it was congress that classified it as a drug to start with... if your really trying to right the ship its not just the governor but Colorado's congressional "elected" officials who need to get on board also...working to change their collegues....I doubt the Supreme Court is going to take on States RIghts over this while there a much bigger States Right issus that much further reaching effects....

John's right -- it needs to be declassified as a Schedule I narcotic, otherwise we could legalize heroin; the govt's own synthesized THC is not so classified. This doesn't need to be a States' Rights issue at all, it just needs to be reasonably classified.